A lawyer can help you understand your obligations as an employer and your rights and entitlements as an employee. They can explain:

• the law;
• modern awards;
• enterprise agreements; or
• contracts of employment that apply to your individual situation.

In the event of a dispute a lawyer can inform you about:

• the court and tribunal processes;
• the procedures you will need to follow; and
• the legal options available to you.

Employers must act in accordance with the relevant industrial instrument that applies in dealing with employees whether they are:

• hiring new staff;
• determining the correct wage;
• disciplining staff; or
• terminating employment contracts.

A lawyer can assist in:

• providing best practice advice on how to correctly manage employees and thereby prevent employment disputes from occurring or minimizing the impact if a dispute does arise;
• drafting policies and procedures for your workplace as the wording of such documents is particularly important to avoid liability if a dispute arises; and
• provide you with advice or representation during conciliation conferences or tribunal and court hearings.

Common disputes that lawyers can assist with are:

• unfair dismissal claims;
• general protection claims;
• back pay claims;
• redundancy disputes; and
• disputes about a breach of contract of employment or a term in the modern award or enterprise agreement.

A lawyer may be able to help employees:

• if they are going through a disciplinary issue with their employer;
• if they have been dismissed;
• if they have been adversely treated or discriminated against in the workplace;
• if there has been a breach of a clause in a modern award, enterprise agreement, employment contract; or
• if there has been a failure to pay an entitlement that is owed.

There are time limitation periods that could apply when making a claim in relation to your employment such as lodging a claim within 21 days for an unfair dismissal claim. A lawyer can assist in drafting and lodging claims. They can provide assistance or representation at a court or tribunal and during conciliation conferences. They can inform you of likely outcomes that may be achieved at each stage of the claims process.